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1958 Supreme(AP) 114

N.KUMARAYYA, P.CHANDRA REDDY
P. Venkanna Chetti – Appellant
Versus
B. Apparao Naidu – Respondent


( 1 ) THIS appeal is against the order of the Subordinate Judge of Visakhapatnam, accepting a draft of the sale deed filed by the respondent in the following circumstances.

( 2 ) THE respondent obtained a decree against the appellant for specific performance of an agreement to sell certain properties. As the appellant failed to execute a sale deed pursuant to the direction of the Court in the decree, the respondent prepared a draft of the document and put it into Court as required by Order XXI, Rule 34 of the Civil Procedure Code. The Court had the draft served on the appellant together with a notice requiring his objections to be made within a particular time. The appellant seems to have filed objections to the draft. When the matter came on for hearing, the trial Court called upon the counsel for the appellant to point out the objectionable clauses and the draft was also handed over to him. Instead of carrying out this direction of the Court, he filed another draft sale deed. This conduct of the appellant seems to have infuriated the Subordinate Judge and without considering the objections raised by the appellant, he accepted the draft filed by the decree-holder and rejected the


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